We are purchasing a 1 bedroom apartment in Malmesbury with a mortgage. We have a Malmesbury solicitor, however the bank advise she’s not on their "panel". It seems we have no option but to use one of the lender panel conveyancing practices or keep our Malmesbury conveyancer as well as pay for one of their panel firms to represent them. This seems very unfair; are we not able to demand that the bank use our Malmesbury lawyer ?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Malmesbury conveyancing lawyer to apply to be on the conveyancing panel.
Last July we completed a house move in Malmesbury. We have noticed several issues with the house which we consider were missed in the conveyancing searches. What action can we take? What searches should? have been ordered as part of conveyancing in Malmesbury?
It is not clear from the question as to the nature of the problems and if they are unique to conveyancing in Malmesbury. Conveyancing searches and due diligence undertaken during the legal transfer of property are carried out to help avoid problems. As part of the process, a seller fills in a document known as a SPIF. If the information turns out to be inaccurate, you may have a misrepresentation claim against the owner for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Malmesbury.
Can I use your services to find a Conveyancing solicitor in Malmesbury even if I’m not purchasing or selling a house, for instance where I wish to acquire a shop in Malmesbury with a mortgage from Clydesdale?
Our comparison service is predominantly utilised to get a quote from domestic conveyancing solicitors in Malmesbury but we have recorded at the end of this page some Malmesbury commercial conveyancing firms. You should speak with the firm directly to establish if they are also authorised to represent Clydesdale
Forgive me if this question is silly but I am unseasoned as FTB of a garden flat in Malmesbury. Do I pick up the keys to the property on completion from my lawyer? If so, I will use a High Street conveyancing solicitor in Malmesbury?
There is no need to visit the lawyers office on the day of completion. Conveyancing lawyers for you will transfer the purchase money to the owner’s solicitors, and shortly after the monies have arrived, you will be called to collect the keys from the property Agents and move into your new home. This tends to happen early afternoon.
I have a mortgage with Santander for my property in Malmesbury. Conveyancing has been completed 12 months ago. Should I wish to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform Santander?
Your original mortgage agreement with Santander will provide that you need their approval before renting your property as this is likely to be a breach of Santander’s mortgage conditions. In many cases banks or building societies will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Santander directly. You need not do this via a Santander conveyancing panel firm.
I've digested plenty of house buying guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Malmesbury solicitor - who is on the Aldermore conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
Aldermore will need an independent valuation of the property. Your lawyer will not arrange this. Usually Aldermore will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your conveyancing practitioner will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Malmesbury postcode. As you are getting a mortgage with Aldermore, you could contact them to see if they have a list of approved surveyors in Malmesbury.
We are close to exchanging contracts on the sale of our house in Malmesbury and according to the buyers it appears that there is a possibility that the property was constructed land that was not decontaminated. Any high street Malmesbury conveyancer would know that there is no such problem. It does beg the question why the buyers are using a web based conveyancing firm rather than a conveyancing solicitor in Malmesbury. We have lived in Malmesbury for 4 years we know that this is a non issue. Is it a good idea to contact our local Authority to obtain clarification that there is no issue.
It would appear that you have a conveyancing lawyer already. What do they say? You need to enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same illness)
I am purchasing a ground floor maisonette in Malmesbury. Conveyancing lawyer is waiting for, from the vendor, building insurance schedule. I was told today I was informed that the seller needs to send the insurance schedule for the flat above in addition. Why does my property lawyer need to check the insurance for the other flat? Is it really necessary? We have been in hold for the previous month…
It is not impossible in leasehold conveyancing in Malmesbury to discover Conveyancing in Malmesbury in a minority of cases reveals that the lease provides for the leasehold owners to insure their individual flats rather than the freeholder insuring the entire property - which is definitely better. You should clarify with your conveyancer but it would appear that your lawyer is seeking to establish that the whole building is insured. Insuring your residence is no help when it comes to rebuilding after a fire if the 1st floor cannot be reinstated as a result of lack of insurance cover.